CITY PLANNING COMMISSION ______March 27, 2019 / Calendar No. 7 C 190182 PQK

IN THE MATTER OF an application submitted by the Administration for Children's Services and the Department of Citywide Administrative Services (ACS), pursuant to Section 197-c of the New York City Charter, for the acquisition of property located at 370 New Lots Avenue (Block 4298, Lot 7) for continued use as a child care center, Borough of , Community District 5. ______

The application for acquisition of property was filed on November 5, 2018 by the New York City Administration for Children’s Services (ACS) and the Department of Citywide Administrative Services (DCAS) to facilitate the continued use of a child care center, at 370 New Lots Avenue (Block 4298, Lot 7) in the East New York neighborhood of Brooklyn, Community District 5.

BACKGROUND The Administration for Children’s Services (ACS) and the Department of Citywide Administrative Services (DCAS) are seeking the acquisition of a building located at 370 New Lots Avenue (Block 4298, Lot 7) to facilitate the continued use as a child care center. The facility has been operating at this facility since 1972. On February 10, 1992 (C 900923 PQK, Cal. No. 15) an application to acquire the facility was approved by the City Planning Commission. Subsequently, in August 2000, the City executed a 20-year lease which will expire in 2020.

The project site is in an R6 zoning district with a C1-3 commercial overlays along New Lots Avenue, which allows day care centers as-of-right. The area around the site is predominantly developed with residential uses, including one- and two-family houses and multi-family buildings up to three-stories in height. Local community facility uses include the Hope Christian Center across New Lots Avenue and the Essence School. Linden Park is located two blocks southeast of the project site.

The project area is located close to public transportation, including the Pennsylvania Avenue

Station on the 3 train, which is two blocks to the north, and the Livonia Avenue station on the L train, which is six blocks to the west. The B15, B20, and B83 buses all have stops within one to two blocks of the facility

The child care center is located in a privately-owned, three-story building with 23,000 square feet of interior space and 2,000 square feet of outdoor space in the building’s side yard. It occupies the entire two-story building. The main entrance to the building is located along Pennsylvania Avenue with egress on both Pennsylvania and New Lots avenues. Due to a slope in the site, the ground floor level is a basement, which contains the main entrance and vestibule, main kitchen, two pantries, six offices, a staff lounge, a janitor’s closet, several storage closets, and one classroom. The first-floor level contains four classrooms, three offices, and several storage rooms. The second floor contains five classrooms, three offices, and several storage rooms.

The child care center can serve up to 160 children ages two to five years old in 10 classrooms. Hours of operation are from 8:00 am to 6:00 pm, Monday through Friday. The center provides daily meal service (breakfast, lunch, and snack), supervised playtime (indoor and outdoor), and education focused on physical, cognitive, social, and emotional development. The center is staffed by 35 professional, paraprofessional, and support staff. The center is licensed by NYC DOHMH and is subject to the established standards of ACS as well as federal, state, and city regulations.

ENVIRONMENTAL REVIEW The application (C 190182 PQK) was reviewed pursuant to the New York State Environmental Quality Review (SEQRA), and SEQRA regulations set forth in Volume 6 of the New York Code of Rules and Regulations, Section 617.00 et seq. and the City Environmental Quality Review (CEQR) Rules of Procedure of 1991 and Executive Order No. 91 of 1977. The lead agency is the Administration for Children’s Services (ACS). This application was determined to be a Type II action, which requires no further environmental review.

Page 2 C 190182 PQK UNIFORM LAND USE REVIEW This application (C 190182 PQK) was certified as complete by the Department of City Planning on November 13, 2018 and was duly referred to Brooklyn Community Board 5 and the Brooklyn Borough President, in accordance with Title 62 of the Rules of the City of New York, Section 2-02(b).

Community Board Public Hearing Community Board 5 held a public hearing on this application (C 190182 PQK) on December 19, 2018 and, on that date, by a vote of 26 in favor, none opposed, and none abstaining, adopted a resolution recommending approval of the application.

Borough President Recommendation This application (C 190182 PQK) was considered by the Borough President, who issued a recommendation approving the application on February 21, 2019.

City Planning Commission Public Hearing On February 13, 2019 (Calendar No. 8), the City Planning Commission scheduled February 27, 2019 for a public hearing on this application (C 190182 PQK). The hearing was duly held on February 27, 2019 (Calendar No. 27). Two speakers testified in favor of the application.

A representative from ACS’s Division of Child and Family Well-Being spoke in favor of the application, describing the facility’s physical space and the role it serves as an affordable day care provider to low-income families in the community. The representative also stated that the facility is permitted by the DOHMH to serve up to 160 children. ACS has a budgeted capacity for 100 pre-school aged children and is presently at 79 percent enrolled. A representative of DCAS stated that a building-wide sprinkler system will be installed pursuant to the scope of work.

There were no other speakers and the hearing was closed.

Page 3 C 190182 PQK CONSIDERATION The Commission believes that the acquisition of City-owned property for continued use as a day care center, located at 370 New Lots Avenue (Block 4298, Lot 7), is appropriate.

A day care center has occupied this space continuously since 1972, serving the community by providing needed services for the community. The center provides daily meal service supervised play time, and educates the children using the Creative Curriculum program as a guide. It promotes developmentally appropriate practices yearlong to enhance children’s physical, cognitive, social, and emotional development. The use is permitted as-of-right in an R6 district. Surrounding community facility uses include the Hope Christian Center across New Lots Avenue and several public schools, including Essence School. The site is well-served by transit. It is two blocks to the north of the Pennsylvania Avenue Station on the 3 train, six blocks to the west of the Livonia Avenue station on the L train, and is served by B15, B20, and B83 buses.

The Commission notes the importance of ensuring that the facades of these facilities are welcoming and inviting, considering their role as critical neighborhood resources. While outside the scope of actions directly before it, the Commission encourages DCAS and ACS to pursue additional streetscape and façade improvements to improve the center’s appearance, including the Pennsylvania and New Lots Avenue frontage, making it a more welcoming and attractive neighborhood asset that better engages and activates the streetscape.

The Commission notes with favor that fire sprinkler systems will be installed throughout the building. The Commission notes that the public review process for the continued use of this facility has been effective in highlighting any maintenance or repair issues that need to be addressed.

RESOLUTION

RESOLVED, that the City Planning Commission finds that the action described herein will have no significant impact on the environment; and be it further

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RESOLVED, by the City Planning Commission, pursuant to Sections 197-c of the New York City Charter, that this application submitted by the Administration for Children’s Services, the Department for the Aging, and the Department of Citywide Administrative Services, pursuant to 197-c of the New York City Charter, for the acquisition of property located at 370 New Lots Avenue (Block 4298, Lot 7) for continued use as a child care center, is approved for a period of twenty years or longer, with additional renewal options or without limitations if acquired in fee.

The above resolution (C 190182 PQK), duly adopted by the City Planning Commission on March 27, 2016 (Calendar No. 7), is filed with the Office of the Speaker, City Council, and the Borough President in accordance with the requirements of Section 197-d of the New York City Charter.

MARISA LAGO, Chair KENNETH J. KNUCKLES, Esq., Vice Chairman ALLEN P. CAPPELLI, Esq., ALFRED C. CERULLO, III, MICHELLE DE LA UZ, JOSEPH DOUEK, s HOPE KNIGHT, ANNA HAYES LEVIN, LARISA ORTIZ, RAJ RAMPERSHAD, Commissioners

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